Loading...
04-13-82 BZA Minutes �_�'� MINUTES OF A REGUL�AR NIEE'PING OF TI� GOLDEL�TT VALT�'Y BOARD OF ZODTING APPEALS APRIL 13, 1982 The regular meeting of the Golden Valley Board of Zoning Appeals was held Tuesday, April 13, 1982, at 7:30 P.M. in the Council Chambers of the Civic Center, 7800 Golden Valley lmad, Golden Valley, Minnesota The follawing Board members were present: Chairman, Art Flanttiagan Glen Christiansen Mike Sell Herb Polachek Larry S�nith, Alternate Absent by prior arranger�rst, Mahlcn Swecmerg. The Board welcomed Herb Polacheck, who is the new Vice Chairman of the Planning Comnission, and replaces William Forster on the Board of Zoning Appeals. The first order of business was approval of the minutes of a regular meeti.ng held March 9, 1982, copies of which had previously been dis- tributed to the Board. Glen Christiansen rmved to approve the minutes as written and presented. Second by Mike Sell and upon vate carried. 82-4-6 (Map 5) Residential 4540 Golden Valley Rpad John J. Alexander The Petition is for waiver of Section 3A.06(1) front setback for 22 feet off the required 35 feet front setback to a llaw the proposed garage to be constructed within 13 feet from the front lot line. Mr. Alexander was present arxl explained his proposal an� why he clesired a three-car garage. Mr. Alexander said he had received approval from all adjacent neighbors and that both he and hLS neighbors were anxious to proceed. ��:�� � � � Board of Zoning Appeals April 13, 1982 P age 2 : .._ . ,:., _,. Secretary, Llayd Becker, stated that the neighbor on the west of Mr. Alexander's property noted by telephone that while he gave approval, he was still concerned that Mr. Alexander was running a oorystruction business from his hane. Nh�. Alexander said he does have an office in his hcane in an area that used to be a single-attached garage. F� stated he also has h is regular construction office in Minneapolis. Lar'ry Smith questioned Mr. Alexander about several vehicles he had s22ri in the past for sale at this address. N�. Alexander sai.d he was not in the autormbile or truck sales business. Mr. Alexander sai.d he wanted a three-car garage so he wr�uld be pr�ared for the future when his children have vehicles ar�l he also wanted storage roam. He said he was going to landscape his yard ar�d make it look very nice. Art Flanr�agan expressed his concern for the size of the garage. Glen Christiansen noted that the front setback distance was rrost closely g uarded and while he could understand the need for a �rage, that approval of a three-car garage was excessive arx3 a bad precedent. M ike Sell agreed with Glen Christiansen and said he could possibly look f avarably for 10 or 11 feet off the required 35 feet if the garage was r educed. Follawing further discussion of appearance and distance fram the house, Glen Christiansen rrr�ved to approve a waiver of 12 feet off the required 35 feet setback to allcr�v construction of a 2-1/2 car garage at 23 feet from the front lot line at Golden Valley Road. I-�erb Polacheck seconded the m�tion and upon vote carried. No adjacent neighbors were present to speak on this pr�al. 82-4-7 (Map 21) Residential 1 296 Castle Court Larry & Susan Davids� The Petition is for waiver of Section 3A.06(3) side setback for 5.85 feet off the required 12.75 feet fr�n the south lot line to the prq�osed deck at its closest point. Mr. Davidson was present. The petition was in order and consent obtained frarn adjacent properties. �` ��' Board of Zoning Appeals April 13, 1982 Page 3 This is a new h�e constructed on an 85 foot wide lot. 'Ilze patio cloors are on the south side of the house and N�. Davic�� said, based on the design of the house, it was the onZy a�propriate location for tlie deck. Mr. Davidson said the deck wnuld be 8 feet from the lat line at its closest point. 12.7 feet is required. The Board members noted they had revic�aed the property and Mike Sell sai.d h e felt the proposed deck w�uld nat have a significant effect � the adja- c ent pr�erty which at this time is nat built on. Sell also noted the topoc�raphy arxl further stated that the traffic on Plymouth Avenue is also a consideration in locating the deck � the s�th s ide. Mike Sell moved to approve the deck as requested. G1en Christiansen s econded the rrr�tion and upon vote carried. 82-4-8 (Map 12) Residential 521 Valleywood Circle J erry Uzzell Construction The Petition is for waiver of Section 3A.06(1) for 10 feet off the r�uired 35 feet s etback from the north lot lin�e along the service road at Highway 55 to the prc�osed new residential dwelling. Mr. Uzzell was present. Gonsent had been obtained froan adjacent properties. The Board noted that a similar waiver had been granted last fall on the lot directly west across the street. 'IhLS was to allcs�v o�nstruction of a substantial h� closer to the service road on Highway 55 while still maintaini.ng the required setback on the south. The Board had been presented a report from staff which recomnended that if the waiver is aproved, Mr. Uzzell coordinate with adjac�ent praperties and install a ca.tch b�asi.n and drain line from the rear of this prvperty and the adjaoent affected praperties and connect to the storm sewer � the service road near the tw�-family dwelli.ng presently imder construction. M ike Sell moved to a�rove the waiver as requested, subject to installation of the storm drain and catch basin as noted. Larry S�iith seconded the Ycntion. During discussion, Mr. Uzzell agreed to install the drain. Upon vote, m�tion carried. r �t�� � � .' Board of Zoning Appeals April 13, 1982 P age 4 82-4-9 (Map 19) Business & Professional 2445 Winnetka Avenue North A. J. Foppelaars The Petition is for waiver of Section 10.052 (A) for 25 feet off the required 50 feet building setback to a distance of 25 f eet from the west lo�t line to the proposed office addition. 'I'he Petition was in order. Mr. Poppelaars was present. Also present were Mr. D. D. Tibley, 2480 Valders ar�cl Mr. C. J. I-3pffstedt, 2450 Valders North. On the Petition form Mr. I�ffstedt did not give his consent and Mr. Tibley s igned as undecided. Both are adjacent pr�erty avners to the west and most directly affected by the proposal. Mr. Pbppelaars described his proposed ac�dition in detail. He explained h e could expand to the south. I�wever, this vaould eliminate some parking spaces and would require construction of a full lawer and upper level. At this time, the site has m�re than the r�uired park�ng. Mr. l�ppelaars stated the reason he needs to add to the building is that based on taxes ancl etc. , he "just isn't making it on the building". He s ai.d he did not feel the proposed addition �ould be npticeable. Glen Christiansen said he differed with the term not npticeable. Christiansen s aid he stAOd in the rear of the ho�nes on Valders and it is highly visible riow and that a waiver was not considered for economic reasons. Art Flannagan saa.d there is good reason for the required 50 feet setback especially fran residential. Mr. Tibley asked to speak and he described Mr. Foppelaars as a clevelopex and comnercial building c�vner ar�1 said he should knav that thinc�s can change and the adjacent h�s slx�uld nat suffer because Poppelaars has economic difficulty with his building. Mr. Tibley said when this site was rezonsd in 1974, he understood it was for the present building and that the neighbors felt they were thru with it. Mr. Tibley said his family room is at grour�l level and from his upstairs h e looks at the roof of the present structure. F l� ��� . ,_� �_l�1�'J Board of Zoni.ng Appeals April 13, 1982 P age 5 Mr. Carl Hoffstedt, 2450 Valders, described previous praposals when the present building was built. 'IYiese included a driveway around the west s ide of the building. This was opposed at that time and r�au an intrusion of an extension of the buldi.ng is suggested. He stated that if any additi�s are made, there are better alternatives. The Board entered into a detailed description of the existing building and any construction alternatives. Larry 9nith said he felt there was a significant difference between setback requirements that affect similar zoning than those that separate different zoning categories and especially as they relate between resideriti.al and other c�rcial uses. Mike 5ell discussed and proposed several alternatives and asked the other Board members if it was worth it to delay to allaw the neighbors and Mr. Poppelaars to try to w�rk sc�uething out. Herb Polacheck sai.d he was concerned about the differences in zoni.ng requirements as they affect the residential properties. He questioned getting into design. Mike Sell mr�ved to defer this matter until the next regular meeting to allaw the pro�or�ent and neighbors to look it over further. Larry 9ni.th s econded the motion. L layd Becker cautioned that there may have been scane other conditions attached by the Council when the prc�erty was rezoned that vaould prohibit further expansion, even if done in c�nformance as an alternative. I� w�uld r eview past Council minutes. The vote was called on the rrotion to defer an� it passed unanimously. Chairman Art Flannagan noted it was time to elect a new Chairman for 1982. 'I'he serxetary had prepared a list of past Chairnersons since 1976 to note previous successions. Art Flannagan declared it open far naninations. Glen Christiansen rmved to name Mike Sell the C�airman. Larry 9�ith seconded. Further rx�minations were called for. Fiowever, hearing none, Art Flannagan called for a wte on the motion and it was unanimous for Mike Sell for Chairman. There being no further business to cxxne before the Board, it was upon motion, second, and vote to adjourn at 9:25 P.M. ����� �` °.�_� Board of Zoni.n9 APPea]-S April 13, 1982 P age 6 � r� ��:� Mike Sell, Chairman Llayd G. Becker, Secretary